GRADUATE PROGRAM IN FORENSIC PSYCHOLOGY

 

SCHOOL OF BEHAVIORAL SCIENCES

AT CALIFORNIA BAPTIST UNIVERSITY

 

 

CJS510a – LEGAL RESEARCH AND WRITING

FALL, 2008

Daniel W. Skubik, PhD, JD

 

Text Box: This course provides an introduction to legal research methods, including state and federal reported cases, digests, annotated codes, state and federal administrative regulations, and computerized legal research, as well as an introduction to the writing of case briefs and memoranda. ATTENDANCE POLICY Ø 3 absences, student is subject to failure Ø Student must meet with Director to avoid failure. Ø Agreement must be established and approved by Director to avoid failure (with option that collaboration with Dean may be warranted). SEMINAR POLICY Ø Seminar courses are intended to provide critical content information as mandated by the BBS. Attendance is required to meet both the BBS and university requirements. Students must be in attendance for the entire length of the seminar to receive credit for the course. WRITTEN ASSIGNMENTS POLICY Ø All written assignments must conform to APA style and standards, and it will be necessary for the student to purchase the most current edition of The Publication Manual of the American Psychological Association. INCOMPLETE GRADE POLICY Ø A petition for Incomplete Work is filed only in cases of extreme and unforeseen emergencies. Ø Approval for an Incomplete is gained by petition to the dean of the school/college in which the course is offered. Ø It is the responsibility of the student to initiate and complete the process for incomplete work prior to the end of the semesters. (See CBU Catalog 2008-2009 for details.) GRADE CHANGES Ø Students who believe a grade has been recorded in error have the responsibility to initiate the grade change request with the instructor. Ø There is a 5-year limit on requests for grade changes based on computation and recording errors. (See CBU Catalog 2008-2009 for details.) STUDENTS WITH DISABILITIES Ø If you need special accommodations for a disability, you must register with Disabled Student Services to inquire about their services. Disabled Student Services will notify your instructor of any accommodations or special services you may require in this course.


 

 

Instructor:            Dr. Daniel W. Skubik, PhD JD
Office:                   J266 / Office Hours per schedule
Telephone:            951.343.4288 / Fax: 951.343.4520
Web:                      http://www.calbaptist.edu/dskubik
E-Mail:                   dskubik@calbaptist.edu

 

Legal Research & Writing

CJS 510
Mondays, 7:15-9:15PM

California Baptist University
Fall Semester, 2008

 

 

Course Description

 

This course provides an introduction to legal research methods, including state and federal reported cases, digests, annotated codes, state and federal administrative regulations, and computerized legal research, as well as an introduction to the writing of case briefs and memoranda.

 

 

Course Objectives

 

By the end of this course, students should be able to:

 

1)      Identify the primary sources of law in America at the state and federal level and when such law is mandatory or persuasive authority

2)      Identify the secondary law sources in America at the state and federal level

3)      Analyze and identify legal issues in a fact setting

4)      Use appropriate legal sources to find law applicable to help resolve specific legal issues

5)      Validate legal sources

6)      Use LEXIS Academic Universe to conduct legal research

7)      Analyze legal cases and issues from the beginning to the end of the legal process

8)      Use The Bluebook: A Uniform System of Citation, and become familiar with the California system of citation, contained in the California Style Manual

 

 

Required Texts

 

C. Kunz, D.A. Schmedemann, A.L. Bateson, M.P. Downs & M. Konar-Steenberg, The Process of Legal Research, 7th edition (Walters Kluwer, 2008)

Richard C. Wydick, Plain English for Lawyers, 5th edition (Carolina Academic Press, 2005)

The Bluebook: A Uniform System of Citation, 18th edition (Harvard 2005) [Also see the Bluebook website for additional information and updates since the last printing, at http://www.legalbluebook.com/

 

Other books, handouts and websites also may be referenced throughout the term, contents of which all students will be responsible.

 

Texts recommended, but not required: Edward W. Jessen, California Style Manual: A Handbook of Legal Style for California Courts and Lawyers, 4th edition (West Group, 2000)

Bryan A. Garner (ed.), Black’s Law Dictionary, 8th edition (Thomson West, 2004) [available in pocket through unabridged editions]

 

Writing Guidelines

All written assignments must conform to APA style and standards and must include as a minimum:

a.       Title page

b.       Abstract

c.       Short title (on every page)

d.       Running head (on title page only)

e.       Citations of sources (within the text)

f.        Reference page

g.       Word count (in pencil on title page)

    

Papers not conforming will be reduced in grade and/or returned.

Submit all assignments to the professor electronically in Word (.doc) or rich text (.rtf) format using the “Messages” feature in Blackboard. Step-by-step instructions for using this feature can be found in Blackboard under “Course Documents.”

Although all papers are submitted electronically through Blackboard, students should be prepared to submit a hard copy as well, if requested by the instructor.

 

 

Readings & Assignments Schedule

 

  Week #1
  (Sep 8)

  Introduction to course and expectations / Intro to legal research & writing
  Discuss Kunz, ch. 1; and Wydick, ch. 1

  Week #2
  (Sep 15)

  Read and discuss Kunz, ch. 2; and Wydick, ch. 2
  Review and choose a research situation from CD

  Week #3
  (Sep 22)

  Read and discuss Kunz, ch. 3-4; and Wydick, ch. 3
  Practice Set for ch. 2 is due no later than beginning of class

  Week #4
  (Sep 29)

  Read and discuss Kunz, ch. 5; and Wydick, ch. 4
  Practice Sets for ch. 3-4 are due no later than beginning of class

  Week #5
  (Oct 6)

  Read and discuss Kunz, ch. 6-8
  Practice Set for ch. 5 is due no later than beginning of class

  Week #6
  (Oct 13)

  Read and discuss Kunz, ch. 9; and Wydick, ch. 5
  Practice Sets for ch. 6-8 are due no later than the beginning of class

  Week #7
  (Oct 20)

  Read and discuss Kunz, ch. 10
  Practice Set for ch. 9 is due no later than beginning of class

  Week #8
  (Oct 27)

  Read and discuss Kunz, ch. 11 (part I); and Wydick, ch. 6
  Practice Set for ch. 10 is due no later than beginning of class

  Week #9
  (Nov 3)

  Read and discuss Kunz, ch. 11 (part II)
  Practice Set for ch. 11 (part I) is due no later than beginning of class

  Week #10
  (Nov 10)

  Read and discuss Kunz, ch. 12; and Wydick, ch. 7
  Practice Set for ch.11 (part II)  is due no later than beginning of class

  Week # 11
  (Nov 17)

  17th – No face-to-face class meeting
  [Extra Credit: Tour a Law Library and provide a comparative critique of collections]

  Week #12
  (Nov 24)

  Read and discuss Kunz, ch. 13-14; and Wydick, ch. 8
  Practice Set for ch. 12 is due no later than beginning of class

  Week #13
  (Dec 1)

  Read and discuss Kunz, ch. 15; and Wydick, ch. 9
  Practice Sets for ch. 13-14 are due no later than beginning of class

  Week #14
  (Dec 8)

  Read and discuss Kunz, ch. 16-18
  Practice Set for ch. 15 is due no later than beginning of class

 
  Monday, Dec 15

 
  Final Examination period as set by University, 7:15-9:15PM

 

Assessment & Grading Scale

  Practice Sets = 75%  (15 @ 5% each)

  90 - 100 = A range  (90-94 = A-)

  Final Exam = 15%

  80 - 89 = B range  (80-83 = B-  /  87-89 = B+)

  Participation/Attendance = 10%

  70 - 79 = C range  (70-73 = C-  /  77-79 = C+)

 

  60 - 69 = D range  (60-63 = D-  /  67-69 = D+)

 

  0 - 59 = F

 

Practice Sets

On the CD accompanying the Kunz text, you will find Practice Sets for each chapter. Complete each practice set and submit it, either as hardcopy or as an email attachment via the Message section in Blackboard, to the instructor so that it is received no later than the beginning of the subsequent class session (for example, we discuss chapter 2 on Sep 15th, so the Practice Set for that chapter is due no later than the beginning of class on Sep 22nd). Late submissions will be accepted up to one week late, but there will be a 20% penalty. Submissions will not be accepted for marking later than one week past due. No exceptions.

 

 

Final Examination

A final examination will be given, per the University schedule. The exam covers all materials and discussions for the semester.

Specific guidance as to length and specific requirements will be proffered before the test date. You will be given a draft brief to analyze, critique and correct in class, both as to form and content.

The exam is open book/open notes.

 

Participation

 

To give direct incentive to engage with our materials, 10% of your mark for the course will be comprised of my assessment of your classroom participation during the semester. Participation is to include in-class discussions during the semester, and does include attendance.

 

Both because of the nature of the course and its content, and the teamwork required to complete assigned assessment items like quizzes, attendance is expected, with a simple threshold requirement: we have 13 scheduled class sessions, and you are expected to attend at least 10 class sessions (~75%). Should you miss more than 3 class sessions, you must speak with me before you will be permitted to complete the course.

 

CBU Statement on Academic Dishonesty

Faculty in the College of Arts & Sciences (CAS) have been asked to include the following statement in all our syllabi. Do speak with your instructor if at any time you have questions or concerns about this statement and its meaning for or application in your classes.

 

Academic dishonesty (cheating, plagiarism, copying, and other forms) will be reported to the Dean of Students. Judicial sanctions for offense are handled on a case-by-case basis depending on the seriousness of the violation, prior violations and other factors. Judicial sanctions may include, but are not limited to, loss of a letter grade or failure in the course in which the offense occurred, suspension, and/or dismissal from the University. A detailed discussion of academic dishonesty is located in the Student Handbook.

Source: 2008-2009 Undergraduate University Catalog, at p.51

 

Law Libraries & Research Resources

 

You will need to find a law library that you can regularly use to complete the weekly exercises. The county law libraries for Riverside and San Bernardino have fairly good hours, and law schools near and far (incl. Orange and LA counties) also generally permit public use. Locate one and get to know the librarians. But note that not all law libraries offer the same services or help. You will find that though the collection is a bit limited, the Riverside County Law Library offers good hardcopy and electronic resources.

 

Too, get to know the Lexis/Nexis database service available through the CBU library network. You can complete quite a bit of research online, from on campus.

 

Finally, note that non-law libraries—even those otherwise quite extensive, like the Rivera Library at UCR—will have some legal materials, but not as complete or as easy to find in the stacks as you will need for most of your exercises and research.

 

Extra Credit

 

You may earn up to 5% extra credit by taking a tour of a law library that you do not usually use, and provide a brief (~650 word) overview and critique of how it compares to the law library that you do regularly use for this class.

 

Caveat

 

This syllabus schedule is composed in good faith, with a schedule of readings and assignments that will guide us throughout the term. Still, the instructor reserves the right to make adjustments to this schedule as deemed necessary for the overall enterprise of the course. Any changes will be communicated as far in advance as feasible, and you are responsible for knowing if and when any changes have been made.